The Research On The Legislation Of National Security Under Overall National Security Concept

The legislation of national security is an important component of national security cause and national legislation system, which has constantly play a vital role in safeguarding national security and interests, citizen personal and property safety. With the continuous development of situations in global politics, economy, science and technology, the national security cause is undergoing profound changes, whereupon O verall National Security Concept was proposed by President Xi Jinping and higher requirements have been growingly placed upon the legislation of national security. Due to the complexity and uniqueness of the national security cause, the study on the legislation of national security in C hina is in the very initial stage, where such research would turn out to be pioneering and of both theoretical and practical significance.This dissertation consists of six parts with more than 34,000 words.Part I: The Introduction: this part is briefing on the research significance, ongoing developments of the legislation of natio nal security, as well as purpose, methodologies of this paper. Furthermore, it highlights the importance of the national security legislation to safeguarding national security and interests and promoting social development, by which it explains the methods adopted as historical, empirical and comparative study.Part II: Some basic issues in the study of the national security legislation, which is the theoretical basis of the whole paper: it examines two important concepts of "national security" and "national security law" in different linguistic contexts, defining the limits and characteristics of the national security law before coming to the view that the new national security law adjusts “national security relationship" in the broad sense and thus differentiate itself with other traditional department laws.Part III: The legislation of national security from the perspective of globalization: at present, because of the growth of science, technology and culture, as well as the differences in politics, cultures and international circumstances, particularly with the rise of the factor of globalization, current legislation of national security is now facing tremendous challenges. Basic contents of the national security legislations from major countries could be learned by taking an overview of the present situations of national security legislation in those countries. Intelligence and technical reconnaissance are core parts of the national security cause, strongly relating to national image and the fundamental entitlements of citizens, which must be adjusted and regulated by law.Part IV: The comparative study of the national security laws between Russia and the United States: as the most powerful countries in the world, the United States and Russia have also taken the lead in the national security legislation, so there is abundant valuable experiences and practical methods available for us to studys. Comparative study of the legislative backgrounds, guiding ideologies, legal frameworks, basic contents and civil rights protection between the two countries' national security legislation will be conducive to the development of the Chinese national security legislation. This section particularly highlights the importance of legal supervision and regulation by elaborating on the historical lesson during which the national security agencies in U.S.S.R and U.S.A infringed upon citizens' rights and interests.Part V: Review of China's national security legislation: as the key part of this paper, based on exploring C hina's national security legislation history and current debate on National Security Law", this part explains the historical context and reasons for current rapid development of national security legislation, identifies the contents and features of newly-released Counterespionage Law and State Security LawPart VI: Suggestions on optimizing China's national security legislation: nowadays, it has been increasingly challenging and difficult for our country's existing national security law system to meet the needs of the development of the situations so that it is an imperative task to improve national security legislation. The author identifies the problems that deserve great attention and proposes some recommendations on improving our legislation of national security, concluding that to attain this goal, C hina should firmly embrace the modern idea of rule by law, learn legislative experiences from other countries and regions and push State Security Committee into its full play, in addition to a noteworthy point that local legislation of national security affairs would serve as a significant complement as well as the window for breakthrough for the reforms of national security legislation.